Legal Question in Real Estate Law in California

Once you are in Bankruptcy, all causes of action belong to the bankruptcy estate and all litigation must be conducted under the supervision of the Bankruptcy court and trustee. Even a debtor in possession must work with the approval of the court and trustee in pursuing litigation. Generally all such cases are removed to bankruptcy court as adversary proceedings if they are already pending or are filed as adversary proceedings if initiated after bankruptcy is filed. It sounds like you are gathering a lot of legal information from the internet that you do not fully understand. There is a lot of confusing information and even mis-information out there about the law of loans and foreclosures and how bankruptcy works and plays into those issues. It is highly unlikely you have a viable cause of action for false credit reporting, and I cannot imagine a set of facts under which you would have a right to quiet title against BofA's deed of trust based on violation of a loan modification agreement. You really should not file anything without an attorney. At best you will waste time and filing fees, and at worst you could lose legal rights you have by not acting on them the right way in time, or at a minimum be fined for improper filings and proceedings.

Since it is a secured debt, BofA will apply to the Bankruptcy Court to be allowed to proceed forward with its action and that will be granted.

Mr. Shers is wrong. In a Chapter 13, motions to foreclose are hardly EVER granted, since the whole point of a Chapter 13 is to reorganize the debt and pay it, rather than allow foreclosure. Only if a plan is not presented or approved, and the case is converted to a Chapter 7, or it is originally filed as a Chapter 7, AND the property has no equity for other creditors, will a motion for relief from stay to allow foreclosure be routinely granted.

I agree with Mr. McCormick on both posts. In my experience, motions for relief from the automatic stay in Chapter 13 matters are usually based on a debtor's failure to make payments under the bankruptcy plan.